LOWIS &

 

GELLEN LLP 

 

ATTORNEYS AT LAW Suite 143

16515 South 40th Street

Phoenix, Arizona 85048

Tel: 480.219.5284

www.lowis-gellen.com

Chicago · Joliet · Naperville · Orlando · Phoenix · London 

March 18, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 61.113 (a) and (b); 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

“Reform Act”) and 14 C.F.R. Part 11, Accupoint, Inc. (“Accupoint”), seeks an exemption from 

Federal Aviation Regulations (“FARs”) to allow the commercial use of its UAS’s for the purpose 

of aerial mapping and quantitative volume analysis. 

On or about January 31, 2015 the FAA granted Exemption No. 11158 to Team 5, LLC 

which uses the same UAS as Accupoint, the DJI S1000 (S1000) although for different purposes. 

The S1000 is a stable lightweight battery operated octocopter.

By approving these exemptions, the FAA will allow a safe and risk adverse way to 

collect geo-spatial data without sending persons into potentially high-risk areas to collect 

measurements and/or using a manned aircraft which carries a much larger risk of injury and 

damage to persons and structures.

The name and contact information of the applicant is:

Accupoint, Inc.

1214 N. Stadem Dr.

Tempe, AZ 85281

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. We look forward to working with your office. Please contact us at 

480-219-5284 or via email trocco@lowis-gellen.com at any time if you require additional 

information or clarification. 
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Thank you,

/s/ Tania Rocco

Of Counsel

Tania Rocco

16515 S. 40th St.

Phoenix, AZ 85048

Tel: 301.933.7216

Cell: 602.214.3490

trocco@lowis-gellen.com
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BASIS FOR PETITION

I. UAS

The S1000 has already been approved by the FAA to be used in aerial photography in 

exemption No. 11158. Accupoint intends to use multiple S1000s in a similar manner, but for 

different purposes. The S1000 is an octocopter with retractable landing gear. The aircraft is 

designed to be stable even with the loss of a rotor. The S1000 has a maximum thrust of 2.5kg. It 

weighs approximately 9.7 pounds and has a maximum takeoff weight is approximately 24 lbs. 

The S1000 uses a 6S LiPo battery that allows flight times in excess of 25 minutes. The S1000 

has a maximum speed of 45 mph. It can hover and simultaneously move vertically and 

horizontally. The S1000 can operate in temperatures between -10 C to plus 40 C. The propeller 

is made out of high strength performance engineered plastics and is approximately 15 X5.2 

inches. The S1000 is not water-proof and is prohibited from flying in the rain and snow.

Further, the S1000 is programmed to return to its launch site in the event of either 

communications failure, loss of the Global Positioning System (GPS), or low battery. 

II. Operations

Accupoint has a Flight Operations Manual (“FOPM”) which is intended to provide an 

equivalent or higher level of safety for flight operations for the FAR’s which Accupoint seeks 

exemption. Accupoint will provide a hard or electronic copy to each Pilot and Observer. The 

Pilot in Command (“PIC”) will ensure that each flight is in compliance with the FOPM, DJI 

S1000 Operations Manual (“Operations Manual”, which is electronically available at 
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http://www.dji.com/product/spreading-wings-s1000-plus/download), applicable FAR’s and any 

conditions or limitations specified in grant of Exemption.

As set forth in the FOPM, some requirements, limitations and conditions include:

• Minimum crew for each operation will consist of a PIC and the Observer. The PIC may 

deem other crew essential to the safe operation of the aircraft to include: a camera 

operator, instructor, trainee, or other persons necessary for the safe operation of the flight.

• The PIC and Observer will be able to communicate verbally at all times.

• Flights will only be conducted during daylight hours.

• Visibility will be adequate to ensure that the PIC and/or Observer can maintain visual 

contact with the aircraft at all times and ensure that the aircraft will remain clear of 

obstructions and people.

• The aircraft will remain clear of clouds at all times.

• Flights will be operated within the line of sight of the PIC and/or Observer.

• Flights will not go beyond 3⁄4 statute miles from point of intended landing.

• Flights will be terminated at or before 25% battery power reserve.

• Flights will not be conducted at speeds greater than 25 mph. 

• Flights will operate at an altitude of no more than 400 feet AGL.

• Flights will remain in Class G airspace.

• Flights will not operate within 5 nautical miles of an airport or heliport unless a letter of 

agreement with the airport’s management is obtained. 

• Flights that fly over private or controlled-access property will be conducted with 

landowner’s/controller’s permission.

• Flights will not be operated over densely populated areas.

• The PIC will ensure that an adequate preflight inspection of the aircraft has been 

completed in accordance with the Operations Manual and the FOPM. 

• The PIC will conduct a briefing before each flight with the Observer and any other 

essential crew as to the plan for the flight including: flight area, weather, potential 

obstacles and hazards, flight time, battery time and any other information affecting the 

safety of flight.

III. Training and Qualifications

Each operation will be crewed with a minimum of a PIC and Observer. Required training 

and qualifications are outlined in the FOPM and include:

PIC

 The PIC will possess at least a private airman certificate and at least a third class 

medical certificate. 

 The PIC will be proficient in flying the S1000 and have a minimum 25 hours 

flying a UAS, of which at least 5 hours will be in the S1000 flying in a manner 

consistent with how the S1000 will be operated under this exemption. 
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Observer

 The Observer is required to complete training as outlined in the FOPM.

IV. FAR Relief Requested and Equivalent Level of Safety

61.113 (a) & (b) Private pilot privileges and limitations

91.7 (a) Civil aircraft airworthiness

91.119 (c) Minimum safe altitudes

91.121 Altimeter settings

91.151 (a)(1) Fuel requirements for flight in VFR conditions

91.405 (a) Maintenance required

91.407 (a)(1)Operation after maintenance, preventive maintenance, rebuilding, or 

alteration

91.409 (a)(1) and (2) Inspections

91.417 (a) and (b) Maintenance records

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) and (b) limits private pilots to non-commercial operations. However, 

because the aircraft will not carry pilots or passengers and is limited in the type of operation and 

the area of operation, a private pilot can achieve the equivalent level of safety for the proposed 

operations as a commercial pilot. First, unlike a conventional manned aircraft, the aircraft is 

remotely controlled by a ground-based pilot operator in a controlled and restricted area. Second, 

the aircraft is much smaller than a manned aircraft that the level of risk associated with its’ 

operation is diminished from the level of risk associated with commercial operations 

contemplated by part 61. Therefore, allowing aircraft use by a private pilot as the PIC meets or 

exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b).

14 C.F.R. §91.7(a) Civil Aircraft Airworthiness

Section 91.7(a) requires a civil aircraft to be in an airworthy condition for operation, 

which accordingly includes an airworthiness certificate in accordance with 14 CFR part 21, 

Subpart H. To maintain an equivalent level of safety, the PIC will ensure that the aircraft is in 

compliance with the Operating Manual and FOPM prior to each flight. Additionally, the Pilot 

will still comply with 91.7(b) and ensure that the aircraft is in condition for a safe flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 (c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. Accupoint requests authority to operate at altitudes only up to 400 AGL over 

uncongested areas. The aircraft will operate in a limited area within pre-defined boundaries with 

the consent of the landowner/controller and require that all non-essential persons remain clear of 
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the flight area during operations. The PIC will make a safety assessment of the risk of operating 

the aircraft and ensure no undue hazard is present for persons or property. Considering the size, 

weight and speed of the aircraft, these protections will ensure the equivalent level of safety of 

minimum safe altitudes. Compared to flight operations for manned aircraft and the lack of 

flammable fuel, any risk associated with the proposed aircraft operations is far less than 

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of 

the aircraft will ensure separation with conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” The S1000 does not have a barometric altimeter, 

but instead uses GPS altitude data. Accupoint establishes an equivalent level of safety by 

requiring the Pilot to confirm that the GPS altitude is set to zero before every flight.

14 C.F.R. §91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a)(1) requires all day VFR flights to operate with enough fuel to fly to 

first point of intended landing and then for at least an additional thirty minutes.

The battery powering Accupoint’s aircraft provides approximately 25 minutes of 

powered flight and therefore is unable to meet this requirement. However, in accordance with the 

FOPM, flights will not go beyond 3⁄4 mile of the intended landing point and will remain in line of 

sight at all times. The S1000 has a low battery function that automatically sends the aircraft back 

to its departure point and a critical battery function which automatically lands the aircraft. Also, 

because the aircraft will be flying in a confined area without the presence of non-essential 

persons and with landowner/controller permission, an equivalent level of safety can be achieved 

by flight planning all flights to return to intended landing site with a minimum of 25% reserve 

power in accordance with the FOPM.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a)(1) & (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner shall “have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Accupoint operations. Maintenance will be 

accomplished by Accupoint in accordance with the Operations Manual and FOPM. The PIC will 

ensure that the aircraft is in working order prior to flight and will perform some maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to service.” 

Additionally, the PIC will conduct detailed inspections of the aircraft after every 10 hours of 

flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a 
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propeller, and updating software and firmware. All other maintenance will be performed by the 

manufacturer. 

Accupoint will keep a log of maintenance performed. Moreover, Accupoint and the PIC 

are most familiar with the aircraft and best suited to maintain it in an airworthy condition.

An equivalent level of safety will be achieved because the S1000 is limited in size, will 

carry a small payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise, the aircraft can land immediately and will be operating from no higher 

than 400 feet AGL. 

IV. Privacy

There is little concern that the proposed flights will cause invasions of privacy because 

flights will occur over private or controlled access property with the land owner’s prior consent 

and knowledge. In addition, as the overflight areas will be rural, there is little to no chance that 

there will be inhabited houses in the visual area or other people who have not consented to being 

filmed or otherwise agreed to be in the area where filming will take place. 

V. Public Interest

Use of the S1000 aircraft is in the public interest because it is safer for people and 

structures. Firs, risk to the flight crew is virtually eliminated by using an unmanned aircraft. 

Second, by flying a small aircraft weighing less than 25lbs and carrying no fuel, risk to the 

persons and structures on the ground is greatly reduced. Finally, use of the S1000 benefits the 

public because it is better for the environment through reduction in noise and environmental 

pollution.

VI. Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register: 

Accupoint, Inc. seeks an exemption from the following rules: CFR 61.113 (a) and (b); 

91.7(a), 91.9, 91.109, 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) to commercially operate a small unmanned vehicle for aerial mapping and 

quantitative volume analysis. 

As established by the UAS exemptions already granted by the FAA, allowing 

commercial operations of UASs for aerial mapping will enhance safety by reducing risk. 

Conventional mapping and quantitative volume analysis using manned aircraft present avoidable

risks to flight crew and persons and structures on the ground because the aircraft is flying at low 
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altitudes with large amounts of fuel. In contrast, a UAS weighing less than 25 lbs and powered 

by batteries eliminates virtually all of that risk given the small size and lack of combustible fuel. 

Environmental risks are also eliminated by using an aircraft that does not have emissions. 

Therefore, by using a UAS for the purposes outlined by Accupoint, the risk to persons and 

structures will be significantly reduced. 

VII. Conclusion

Accupoint requests a grant of exemption from the aforementioned FAR’s. The 

exemption is in the public interest because it will increase safety for persons and structures and 

Accupoint will provide an equivalent or greater level of safety as provided for in the FAR’s. If 

the exemption is granted, Accupoint can competently operate the aircraft in a safe manner.